New Jersey Appeals Court Hears Arguments In Lambda Legal's Case Seeking Marriage Equality for Same-Sex Couples

 (Trenton, December 7, 2004) – This morning, a state appeals court heard arguments in Lambda Legal’s case seeking marriage for same-sex couples in New Jersey. It’s not clear when the appeals court will issue its ruling in the case, which can then be appealed to the New Jersey Supreme Court.

David Buckel, Lambda Legal’s Marriage Project Director and the lead attorney on the case, argued on behalf of the plaintiffs today. Following is a brief statement from Buckel, issued immediately after this morning’s oral arguments:

“We feel confident that the court has read every paper and considered every brief in this case. We believe that we got a full and fair hearing today. The judges were very engaged in this morning’s arguments, and we believe they are approaching this case with an open mind.

“This morning, the judges asked us whether we’re seeking to change the definition of marriage in New Jersey. We explained that there will be changes ahead – and that judges haven’t shied away from change when it brings the state in line with its constitution. We’ve seen similar change in Massachusetts recently, when same-sex couples began legally marrying there. The sky didn’t fall and the world didn’t crumble, and that’s what we’ll be seeing in New Jersey, as well. The New Jersey Constitution promises that everyone will be treated equally, but that promise won’t be real until loving, committed same-sex couples can marry.

“The State of New Jersey faced some tough questions in this morning’s arguments. In a very thoughtful way, the judges asked the state’s lawyers whether they were running out of arguments for preventing same-sex couples from marrying. We don’t believe there is any legitimate reason to deny equal treatment to same-sex couples in New Jersey, and we hope lesbian and gay couples will soon have the critical protections that only marriage provides.”

Lambda Legal filed the lawsuit in New Jersey state court in June 2002 on behalf of seven same-sex couples from throughout the state. The lawsuit is based solely on the New Jersey Constitution – arguing that denying marriage to same-sex couples violates the state constitution’s guarantees of equality and liberty for all New Jerseyans. Consequently, New Jersey state courts will have the last word in the case.

Last year, a lower-court ruled in favor of the state, moving the case ahead to the mid-level appeals court where it was heard by three judges today. Once the appeals court rules, the decision can be appealed to the New Jersey Supreme Court, where both sides in the case have said it would likely be decided ultimately.

Several of the couples who are plaintiffs in the lawsuit attended today’s oral arguments, along with religious leaders from across New Jersey who support marriage equality for same-sex couples.

The seven plaintiff couples in the case have been together between 10 and 32 years. Five of the seven couples have children. All of them want and need the legal security that comes with marriage but has been denied to them.

Leading up the list of plaintiff couples are Mark Lewis and Dennis Winslow, two Episcopalian pastors from Union City, Hudson County who have been a couple for 10 years. In addition to Mark Lewis and Dennis Winslow, the plaintiff couples in the case are: Karen and Marcye Nicholson-McFadden, who have been together 13 years and are raising a four-year-old son, Kasey, and one-year-old, Maya; Saundra Heath and Alicia Toby, who have been together 15 years and are leaders in Newark’s Liberation In Truth Unity Fellowship church; Craig Hutchison and Chris Lodewyks, who have been a couple for 32 years and live in Pompton Lakes; Marilyn Maneely and Diane Marini, a southern New Jersey couple who have been together for 14 years; Sarah and Suyin Lael, a 13-year couple raising three young girls Zenzali, Tenaj and Dani; and Maureen Killian and Cindy Meneghin, a couple of 29 years with an eleven-year-old son, Josh, and nine-year-old daughter, Sarah.

The words “husband,” “wife,” “spouse,” or some form of the word “marry” appear in more than 850 separate provisions of New Jersey law. Beyond legal rights and responsibilities, marriage is an enormous part of day-to-day life and is the most common way that couples prove their enduring commitment to each other.

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